Planning and Infrastructure Bill

Caroline Nokes Excerpts

Thursday 13th November 2025 Commons Chamber

Consideration of Lords amendments

[Madam Deputy Speaker (Caroline Nokes)]

We now come to King’s consent. Do we have a Privy Counsellor present?

[John McDonnell (Hayes and Harlington) (Lab)]

indicated assent.

King’s consent signified.

[Madam Deputy Speaker]

I inform the House that nothing in the Lords amendments engages Commons financial privilege.

Clause 2

National policy statements: parliamentary requirements

[The Minister for Housing and Planning (Matthew Pennycook)]

I beg to move, That this House disagrees with Lords amendment 1.

[Madam Deputy Speaker]

With this it will be convenient to discuss the following:

Lords amendment 2, and Government amendment (a) to Lords amendment 2.

Lords amendment 3, and Government motion to disagree.

Lords amendment 31, Government motion to disagree, and Government amendments (a) and (b) in lieu.

Lords amendment 32, and Government motion to disagree.

Lords amendment 33, and Government motion to disagree.

Lords amendment 37, and Government motion to disagree.

Lords amendment 38, and Government motion to disagree.

Lords amendment 39, and Government motion to disagree.

Lords amendment 40, and Government motion to disagree.

Lords amendments 4 to 30, 34 to 36, and 41 to 117.

[Matthew Pennycook]

Sustained economic growth is the only route to delivering the improved prosperity our country needs and the higher living standards working people deserve. That is why it has always been this Government’s No. 1 mission. This landmark Bill, which will speed up and streamline the delivery of new homes and critical infrastructure, is integral to the success of that mission, and it will play a vital part in delivering the Government’s plan for change milestones of building 1.5 million safe and decent homes in England and fast-tracking 150 planning decisions on major economic infrastructure projects by the end of this Parliament. The Government are therefore determined to ensure that the Bill receives Royal Assent as soon as possible, and I am pleased that the House has an opportunity today to renew its commitment to this vital legislation and express its firm opposition to attempts to undermine its core principles.

Before I turn to the amendments before us, let me put on record once again my heartfelt thanks to Baroness Taylor for her prodigious efforts in guiding the Bill through the other place, and my gratitude to peers collectively for the comprehensive and rigorous scrutiny to which they subjected it. The Government made a number of important changes to the Bill in the other place, with a view to ensuring that it will work as intended, that its full potential in respect of unlocking economic growth is realised, and to provide further reassurance that a number of its key provisions will achieve the beneficial outcomes that we expect. In the interests of time, I will update the House briefly on the two most significant areas of change.

The first concerns the package of measures we introduced last month to maximise the growth potential of the Bill. As hon. Members will be aware, the Bill’s impact assessment estimates that it could benefit the UK economy by up to £7.5 billion over the next 10 years. That is an assessment, it should be noted, that was made prior to the incorporation into the Bill of several important pro-growth measures, including the removal of the statutory requirement to consult as part of the pre-application stage for nationally significant infrastructure project applications—a change that could result in cost savings of over £1 billion across the pipeline of projects in this Parliament. The package introduced last month further bolsters the growth impact of the Bill. It included provisions that further streamline the consenting of reservoirs, clarify Natural England’s strategic advisory role, and facilitate the deployment of up to three additional gigawatts of onshore wind and secure the billions of pounds’ worth of investment into UK services that come with that.

The second area of change concerns the package of amendments we tabled in July in respect of part 3 of the Bill, which directly addressed a range of issues that were highlighted in the advice the Government received from the Office for Environmental Protection on the new nature restoration fund. They provided for a number of additional safeguards, strengthened and made more explicit those that were already in the Bill on its introduction, and further clarified how the NRF will operate going forward. I emphasise that none of the changes made will affect the process by which house builders interact with an environmental delivery plan, namely by paying a levy to discharge specific environmental obligations through it, and nor do they undermine the strategic approach that underpins the model.

--- Later in debate ---

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

Apologies, but I want to go back to the point the Minister was making about Lords amendment 1. As Chair of the Transport Committee, I am slightly concerned that we will get less opportunity and time to scrutinise major infrastructure projects. Had these proposals been law when High Speed 2 was first being considered, instead of a hybrid Bill, it is likely that HS2 would have come under them, and the third runway at Heathrow, plus the national infrastructure network, will do so. Does he not agree that this House and its Committees should have sufficient chance, not just to wait for the Minister’s convenience—

[Madam Deputy Speaker (Caroline Nokes)]

Order. The hon. Lady will know that that is a very long intervention.

[Matthew Pennycook]

I recognise the point my hon. Friend makes, but I do not agree that the change will mean Select Committees do not have the opportunity to feed their views into Government. As I said, what we are trying to do with the clause is ensure that the scrutiny provided is proportionate to the changes being made. These are, in most cases, minor and reflective changes. They do not entail the full amendment of a national policy statement; that would have to come via the normal route. I hope my comments on what we expect of Minister’s attendance at Select Committees and in other areas provides her with reassurance.

--- Later in debate ---

[Matthew Pennycook]

I will not, I am afraid, as I am bringing my remarks to a close, but I am happy to respond to any points when winding up the debate.

I appreciate the leave you have given me, Madam Deputy Speaker, to set out the Government’s position on the large number of amendments before us. I urge the House to support the Government’s position, and I look forward to the remainder of the debate.

[Madam Deputy Speaker (Caroline Nokes)]

I call the shadow Minister.

--- Later in debate ---

[David Simmonds]

My right hon. Friend tempts me to fast-forward to a point that will arise later on.

When the Chancellor of the Exchequer said at the end of her Budget statement last year that she was wiping the slate clean, and from here on in it was on them, she was absolutely right. If we look at the impact that the measures taken have had on the deliverability of housing and infrastructure, and the rising costs of government driven by the colossal borrowing spree that has been embarked upon by this Chancellor, there is no question. A Government who have borrowed £100 billion this financial year alone are not in a position to talk about a businesslike approach to delivering housing and infrastructure.

The Opposition share the concern that the hon. Member for Brentford and Isleworth (Ruth Cadbury) set out in her intervention, highlighted in Lords amendment 1. Ongoing accountability is crucial. We know there will be trade-offs, whether it is on Heathrow—an issue that affects her constituents and mine—or High Speed 2, which has been very much debated, the delivery of new cross-Thames infrastructure to the east of London, new ports, new airports or new roads. There is a significant parliamentary interest in all those issues, and that process provides an opportunity to explain to the public where those trade-offs sit.

On heritage sites and reservoirs, the Lords have done some excellent work. I am grateful to the Minister and the Government for their willingness to embrace the debate about electric vehicle charging, and I know noble Lords have been extremely keen to support the work being done to deliver that net zero agenda. However, so many elements of the Bill incorporate a tendency to centralisation. The lack of community-level accountability and lack of ability for local residents to have their say about what is happening in their area—for example, on assets of community value—remains a fundamental concern. If we want those communities to embrace development and new homes, they need to be able to see the benefits and opportunities that a development will bring to their lives.

Another issue covered in the Lords amendments is chalk streams. I declare for the record that the River Colne, which borders my constituency, is a chalk stream, the majority of which are in southern England. Given the work done by my party in government, we are determined to ensure that there is an appropriate level of protection enshrined in legislation. We would choose to develop brownfield first. We seek the swifter redevelopment of brownfield sites, including here in our capital city, rather than intruding on the green belt, which is critical for nature, is important for the health of human beings and for leisure and is often a site of sports facilities and agriculture, supporting the lives of our communities. That is another area where, sadly, this legislation falls far short.

It is clear that this Government have a heavyweight majority. Through the measures that are being implemented, the Government are using that majority to deliver a left hook of reducing community voice and community say in planning applications. They are following that with a right hook of reducing protections on the green belt and building on virgin land—as we heard from the hon. Member for Normanton and Hemsworth (Jon Trickett), who is no longer in his place—rather than previously developed land being recycled. That is followed by the uppercut of wholesale top-down council reorganisation, and then a jab demanding that local plans the length and breadth of the country be changed through the national planning policy framework changes, without there being remotely the capacity at the Planning Inspectorate to deal with those in a timely manner.

A number of Members have said, “Why is this happening, and what do you think needs to be done to address it?” The knockout blow to our housing market in the last 12 months has been delivered by the massive hike in national insurance introduced by this Government, which is leading developers, builders, the whole supply chain and local authorities to fear that they will have to throw in the towel, because it is simply not possible, under such a business-unfriendly Government, to deliver homes and infrastructure that require a pro-business environment.

As the Bill proceeds, pummelling our first-time buyers, hammering our homeowners, bashing our builders, and duffing up our developers, on behalf of the Opposition I simply say this to the Minister: there is an opportunity this afternoon to begin to change course, and to signal that he believes, and we believe, that a different course of action is possible that will deliver the homes and infrastructure that the British people expect. I always enjoy meeting the Minister across the Dispatch Box, and I always keep my spare Conservative party membership form handy just in case he should ever need it—his high standards of professionalism suggest that one day he will make the journey to the dark side. Minister, take the opportunity to say to your colleagues that it is time to add to so many poor U-turns, a good U-turn. Let us get on with the job of delivering the homes and infra- structure that the British people need.

[Madam Deputy Speaker (Caroline Nokes)]

I call the Chair of the Housing, Communities and Local Government Committee.

[Florence Eshalomi (Vauxhall and Camberwell Green) (Lab/Co-op)]

I pay tribute to those in the other place for their work in getting us to this stage. I am conscious of time—it is a Thursday, and many Members want to speak—so I will not go into great depth on the amendments. However, I welcome the changes that the Government have made in the other place, and the work of Ministers to reach a compromise to get the Bill on to the statute book as soon as possible. I particularly welcome the series of pragmatic Government amendments on environmental delivery plans. It is critical to ensure that any system to protect our environment is robust, and the measures outlined by the Government will go some way to quelling some of the fears outlined not just in the other place but by Members across this House on Report. I also welcome reforms to address water supply and encourage the building of badly needed reservoirs, as well as measures to ensure that developers have extra time to commence work when a court grants a judicial review. That sensible and proportional approach will ensure that permissions do not expire through no fault of the developer, and avoid any unnecessary repetition of the whole planning process.

As Chair of the Housing, Communities and Local Government Committee, I wish to touch on two points that relate to the scrutiny we have in this place for planning and infrastructure. The first relates to Lords amendment 1, which is identical to amendment 83, tabled by my hon. Friend the Member for Hackney South and Shoreditch (Dame Meg Hillier) on Report. As the Minister said then, this is

“about ensuring that scrutiny is proportionate to the changes being made,”. —[Official Report, 9 June 2025; Vol. 768, c. 756.]

However, we must be honest and say that even amendments to statements can have a massive impact on our communities up and down the country. Sometimes that impact is even bigger than that of Bills, which are subject to the full weight of parliamentary scrutiny.

I understand the point that the Minister made in Committee, which is that the system has led to unacceptable delays, sometimes for several months. I also know as much as anyone that just because a Committee recommends something to Ministers, it is far from a guarantee that the Government will change their policy. However, it is important that this change is not used to ride through significant changes without Committees having the chance to carry out proper scrutiny into how the measure will impact the lives of people up and down the country. It must also not be used to bypass scrutiny when a statement is amended so much over time as to become a de facto new statement. That is part of the role that we were elected to carry out by this House, and it is something that helps give confidence to the whole House that we have properly considered the statements before us. I heard the Minister indicate earlier that the Government will not accept Lords amendment 1, but I gently ask whether he can assure the House that Committees will still be included in the process of amending statements, and that they will not be sidelined when we engage proactively and in a timely manner with that process.

The introduction of this Bill is long awaited, after years of failing to unblock a broken planning system and to build on the scale that we desperately need. Research from Crisis found that nearly 300,000 families and individuals have ended up without a home of their own, while previous Governments failed to act, and as we know, some children do not even have a room in which to learn to walk or crawl. In reality that will not end overnight; it will end only when we have a system that consistently builds the affordable and social homes that we desperately need.

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[Madam Deputy Speaker (Caroline Nokes)]

I call the Liberal Democrat spokesperson, Gideon Amos.

[Gideon Amos]

The Liberal Democrats welcome a number of the changes made to the Bill in the other place, but it is disappointing that my noble Friend Baroness Pinnock’s proposal, which was aimed at ensuring that all unsafe residential blocks are fully remediated, and my noble Friend Lord Foster’s proposal on curbing the proliferation of betting shops were not adopted in the other place, where unfortunately the Conservatives were unwilling to support them. It is also disappointing that having removed all pre-application regulations for nationally significant infrastructure projects, the Government have not seen fit to plug the gap with a standard requirement to ensure that communities are properly consulted, as we proposed in Committee. Simply sweeping away consultation requirements is not acceptable.

That said, today we are here to debate those amendments that made it through from the other place, and I want first to acknowledge where the Government have listened and made welcome improvements and concessions. Lords amendment 53, a concession secured by my noble Friend Baroness Parminter, imposes a duty on the Secretary of State to make regulations setting out how Natural England should prioritise different approaches to addressing the negative impacts of development on environmental features, which we argued for in this House. I hope that when the regulations are brought forward, the Government will see the sense of referring to the mitigation hierarchy as the accepted standard approach. I remain confused as to why those words were not included in the amendments. We will continue to push the Government to recognise the mitigation hierarchy as a key environmental principle and development that should be enshrined in environmental delivery plans.

I am also pleased to see Lords amendment 29, and that the Government have listened to the points by Historic England and Heritage Alliance that I raised in Committee. That means that heritage protections remain in transport and works projects. However, there remain amendments that the Government wish to reject that we strongly believe the House should accept, particularly with regard to nature and environmental protection, and the role of communities and their local councillors. Lords amendment 40 would limit the application of environmental delivery plans to issues where approaches at a strategic landscape scale will be effective. I am sure colleagues have received many emails about that amendment from constituents, and for good reason. Indeed, the amendment is essential because it ensures that EDPs are used where they can deliver environmental benefits and address problems effectively on a strategic scale.

In Somerset and my Taunton and Wellington constituency, we see only too well the massive issues caused by phosphates, and an EDP approach for phosphates would genuinely be welcome. That problem operates at a catchment or regional level, and site-by-site solutions are not enough. Protected species and biodiversity are rooted in their habitats, and in particular place and sites, and a simple strategic approach is not enough. We cannot save a protected species from going extinct in one location by creating a habitat hundreds of miles away and expect the same outcome.